NJ Dentist Beware – When Administering Botox May Lead to Board Troubles

Scope of practice matters and New Jersey dentists who fail to comply with the requirements for administering injectable pharmacologics such as Botox or Restylane may be subject to discipline.

When the New Jersey Board of Dentistry (Board) passed the 2011 regulations permitting New Jersey dentists who have been properly trained to administer injectable pharmacologics (e.g., Restylane, Botox, other FDA approved fillers, etc.) the Board delineated the permissive boundaries of this practice. The Board’s regulations permitted a dentist to administer an injectable pharmacologic for the cosmetic or functional enhancement of peri-oral tissue in a dental treatment setting.

Even prior to the regulation going into effect the Board made clear that it frowned upon dentists using Botox and fillers on areas outside the peri-oral areas without a dental diagnosis or rationale for the use.

Recent Board disciplinary decisions against several dentists further highlight that the Board will not hesitate to take action against those practicing outside the scope of their practice. In addition to monetary fines, the disciplined licensees were prohibited from performing procedures outside the permissible scope of practice. The disciplinary actions reveal that dentists may not be fully aware of the regulatory requirements they need to fulfill prior to offering Botox and fillers as treatment to their patients. Improper charting, advertising, examination and diagnostic information together with failing to fulfill the required training requirements were additional considerations for which the Board took disciplinary action against the dentists.

If you have questions about the scope of dental practice, have questions concerning the above disciplinary actions, have a currently pending Board action, or have other license or health law related concern, please contact our office.

Deniza Gertsberg, Esq. is an attorney representing healthcare providers in New York and New Jersey. This article is published for informational purposes only; it contains no legal advice whatsoever. Publication of this article does not create an attorney-client relationship. Please see our full disclaimer.

How can we help?

Your Name

Email Address

Phone

Brief description of inquiry

I have read the disclaimer

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship, and none will be formed until both parties sign a written engagement agreement. Confidential, privileged or time-sensitive information should not be sent through this form as it may not be a secure method of communication.

Our New Jersey healthcare law office serves Middlesex County, including East Brunswick, New Brunswick, South River, Old Bridge, Milltown, Sayerville, Parlin, Edison, and nearby townships; Monmouth County, including Freehold, Red Bank, Eatontown, Long Branch, and nearby townships; as well as other counties in New Jersey, including Atlantic County, Essex County, Mercer County, Morris County, Ocean County, Somerset County, Union County, and beyond.

Our New York healthcare law office serves New York City areas, including Brooklyn, Staten Island, Queens, and Manhattan.